The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council failing to maintain a road where he lives. It is reasonable for Mr X to apply to court for an order requiring the Council to repair the road.
The complaint
Mr X complains that the Council has failed to properly maintain a road, allowing detritus to build up and block the drains. He says this has made the road a hazard, and he wants the council to conduct a mechanical sweep.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council as a local highways authority has a statutory duty to maintain adopted roads. The Council is expected to routinely monitor the state of its roads and carry out repairs where necessary. But the level of maintenance, frequency of inspection, and threshold for repair is not set out in law and is open to interpretation.
If Mr X thinks the Council has failed to maintain a road it is responsible for, he can apply to the magistrates’ court for an order under section 56 of the Highways Act 1980. This requires the highways authority to carry out any works needed to the road, including the clearing of drains running underneath the road to prevent flooding. The courts also have powers under Section 150 of the Act to order the Council to remove obstructions including “soil etc.” which may directly deal with the cause of the issues Mr X describes.
The courts are best placed to decide whether the Council has met its legal obligations and to order the Council to carry out any works if they think it has not. This is not something we can achieve. The law expressly provides Mr X with the right to raise the matter with the courts, and I have seen nothing to show it would be unreasonable for him to do so.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to apply for an order from the court.
Investigator's decision on behalf of the Ombudsman